MLA slams HC stay on Rera applicability to BDA layouts

Bengaluru: Rajajinagar MLA and former minister S Suresh Kumar has criticised the high court’s decision to stay the applicability of the Real Estate (Regulation and Development) Act (Rera) to BDA residential layouts.

Kumar said the spirit of the Act was to protect consumers and should not be diluted through technical interpretations. He criticised BDA’s move to seek exemption from the regulator’s jurisdiction, arguing that it should focus on fulfilling its commitments to allottees instead of defending its shortcomings.

“BDA must first decide whether it is a regulator and infrastructure builder for Bengaluru or a developer of layouts and builder of flats. That will give clarity to citizens, regulators and lawmakers,” Kumar said in a statement Monday.

The MLA said BDA’s handling of major layouts such as Banashankari 6th Stage, Arkavathy Layout and NPKL had damaged its credibility at a time when it was pursuing plans for large-scale urban expansion.

He noted that allottees in Banashankari 6th Stage and Arkavathy Layout, both over two decades old, continue to face issues including title disputes and inadequate roads, drainage and drinking water infrastructure.

Referring to NPKL, Kumar alleged that BDA had failed to provide basic infrastructure even eight years after allotment. He said Rera and the assembly petitions committee had become important avenues for allottees seeking accountability from the authority.

Drawing parallels with central public sector undertakings regulated by independent watchdogs, Kumar said BDA could not claim exemption merely because it is a govt body.

“A citizen buying a plot or flat from BDA is a consumer and deserves the same protection under the law,” he said, adding that BDA’s prices are often comparable to, or higher than, those of private developers despite slower execution of projects.